Monthly Archives: November 2008

Where a judge has required a divorced mother to pay 75 percent of her children's private high school tuition, that order constituted error, necessitating a remand. "The wife maintains that the judge erred in ordering the wife to pay seventy-five ...

Where the estates of two automobile passengers killed in a collision with a truck have asserted negligence on the part of the defendant truck driver and codefendant truck owner, the existence of a factual issue requires that neither side be ...

Where (1) a defendant company president signed an agreement to obtain goods on credit from the plaintiff and (2) after the company defaulted on the account, the plaintiff brought suit seeking to enforce the agreement against the defendant president, the ...

Where a Chapter 11 debtor seeks authority to retain an attorney as special counsel for the purposes of representing the debtor in a contested matter regarding a creditor's claim, the application must be denied because of the attorney's failure to ...

Where defendants, having been sued over the death of a patient at UMass Memorial Medical Center, claim that they were acting as public employees and thus that their liability is limited by G.L.c. 258, §2, the defendants have not shown ...

Where a U.S. Bankruptcy Court judge dismissed an adversary proceeding, the dismissal order was not an abuse of discretion in light of the plaintiffs' failure to prosecute. "In the Dismissal Order, the court dismissed the complaint pursuant to Rule 41 ...

Where (1) a plaintiff suffered an industrial accident crushing one of his hands and requiring the amputation of two fingers and (2) the defendant employer failed to file a response to a personal injury tort complaint filed by the plaintiff, ...

Where a habeas corpus petitioner serving a 12-year sentence for rape and kidnapping claims (1) that the ambiguity of identically-worded verdict slips, which acquitted him of one count of rape while convicting him of two other rape counts, subjected him ...

Where plaintiff Monteiro Electric, Inc. is an established and fairly substantial company and defendant Monteiro Industrial Electric, Inc. is a newer and much smaller company doing similar business in the same geographic area, I find that the defendant is taking ...

Where a plaintiff has challenged a decision of the defendant Oakham planning board denying the plaintiff's application for a special permit for sand and gravel removal, I find that the defendant must be granted summary judgment, as there is no ...